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What Delays Probate in Florida?

Missing the summary-administration threshold by a single dollar can turn an 8-week estate into a 6-month one — here's what else pushes a case past the baseline.

Florida Statutes Ch. 733, 735

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the biggest delay risks in Florida are missing summary administration eligibility, a disputed creditor claim, and a required federal estate tax return. Estimate your own timeline with the Florida probate timeline calculator.

1. Missing the summary administration threshold

The stakes: summary administration applies when the non-exempt probate estate is $150,000 or less (for deaths on or after July 1, 2026). An estate that comes in even slightly above that line falls into full formal administration instead — trading a process that commonly closes in 4 to 8 weeks for one bound by the mandatory 3-month creditor period and a realistic 6-to-12-month timeline.

2. A creditor claim that gets contested

If the personal representative objects to a filed claim, the creditor generally has a limited window to bring an independent action to enforce it, or the claim is barred. When that litigation actually happens, resolving it — discovery, a hearing, a ruling — adds real time the estate wouldn't otherwise need before it's safe to distribute and close.

3. A required federal estate tax return

Florida's own 12-month target close under § 733.901 only applies to estates that owe no federal estate tax. When a federal Form 706 is required, the personal representative typically keeps the estate open longer to align closing with that filing and any subsequent IRS review, pushing well past the general target.

4. Real estate that needs to be sold

A sale adds its own appraisal, listing, and closing timeline on top of the baseline probate schedule. Florida's homestead protections add another layer worth knowing: a homestead property often passes outside the probate estate in specific ways, which can itself require its own determination before a sale proceeds cleanly.

Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

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What delays Florida probate — frequently asked questions

Does missing summary administration eligibility delay Florida probate?

Significantly. An estate just over the $150,000 non-exempt threshold falls into full formal administration, trading a 4-to-8-week summary process for the mandatory 3-month creditor period and a 6-to-12-month timeline at minimum.

Does a disputed creditor claim delay Florida probate?

It can. If the personal representative objects to a claim, the creditor generally has 30 days to file an independent action on it or the claim is barred. Resolving that litigation, if it happens, adds real time before the estate can distribute and close.

Does a federal estate tax return delay Florida probate closing?

Yes, when one is required. Fla. Stat. § 733.901's 12-month target close only applies when the estate owes no federal estate tax — estates that do file Form 706 typically stay open longer to align with that return and any IRS review.

Does real estate delay Florida probate?

Commonly, yes, when it needs to be sold. A sale adds its own appraisal, listing, and closing timeline on top of the baseline probate schedule, on top of Florida's separate homestead rules that can affect who's entitled to a decedent's home.

Keep going

Florida Probate Timeline CalculatorYour estimate, based on your answers Florida Probate DeadlinesEvery statutory date, with citations Formal, Summary, or DispositionWhich one applies to your estate Florida Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on Fla. Stat. § 733.901, 735.201. Whether a specific estate will actually be delayed depends on its own facts. Consult a licensed Florida attorney about a contested or complex estate.